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Controlled Substance Act Employment Issues Regulatory Compliance

Tip-Pooling in Cannabis Dispensaries: Be Wary of Managers and Supervisors

Carmen F. Francella III —


For budtenders, tips earned in a dispensary can add up to hundreds of dollars per week. However, how that money is pooled and divided is critical for a dispensary operator to understand. Managers and supervisors, be wary.

1. What Is a Tip Pool?

Tip pooling in a dispensary is the practice of taking gratuities received from patrons and customers and pooling either all or part of them to be distributed among employees. It is a routine practice in restaurants and other places where an employee is serving a patron or customer. Because cannabis remains illegal at the federal level, major credit card networks—including Visa, Mastercard, and American Express—do not process transactions for cannabis retailers. As a result, these businesses operate predominantly on a cash basis, which often leads to substantial cash tips for budtenders. Tip pools in a dispensary are generally limited to employees in occupations in which they customarily and regularly receive tips, such as budtenders who provide service directly to a patron or customer and who do not have managerial responsibilities. Failure to carefully implement a legal tip pooling policy can have disastrous results because all of the dispensary’s tipped employees may have a claim if the tip pool is improperly administered.

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Controlled Substance Act Employment Issues ESOPs (Employee Stock Ownership Plans) Interviews Meet Blank Rome Mergers and Acquisitions

ESOPs for Cannabis Companies: A Strategic Solution to 280E Tax Hurdles

Scott Moskol recently spoke with Investing News Network about how employee stock ownership plans can offer tax advantages and foster sustainable expansion for U.S. cannabis companies. Read an excerpt below:

In light of Section 280E of the US Internal Revenue Code, which significantly inflates effective tax rates by prohibiting standard business deductions for companies trafficking in Schedule I substances, employee stock ownership plans (ESOPs) have gained traction as a strategic countermeasure in the cannabis space.

While the transition of medical marijuana to Schedule III has provided some tax relief, adult-use cannabis continues to be classified as a Schedule I substance, keeping the burden of 280E in place for many.

But as federal rescheduling efforts progress, will the complexity of an ESOPs remain necessary?

The Investing News Network recently interviewed Scott H. Moskol, partner and cannabis practice co-chair at Blank Rome, to explore how these structures benefit the sector and what could be next.

[…]

Moskol described ESOPs as “especially salient for the cannabis industry” because they effectively restore cashflow that 280E would otherwise strip out. He mentioned Massachusetts operators Canna Provisions and Theory Wellness as companies that have completed ESOP transactions and “continue to grow,” as well as at least one ESOP-owned business in Maine, where higher state income tax rates can make the ESOP tax advantage more meaningful.

Illicit, a company that was backed in an ESOP transaction by a lender client of Moskol’s firm, was also cited by Moskol as an example of how these structures can support growth. After completing its ESOP, Illicit is now looking to use the cashflow that’s been freed up “to make certain strategic acquisitions.”

Ultimately, tax savings from ESOPs can be used to shore up operations, acquire new assets, pay down debt or even purchase real estate that’s currently being leased. All of those moves can strengthen EBITDA, improve balance sheets and make a business more attractive as a future sale or initial public offering candidate, or if institutional investors begin to apply more traditional valuation frameworks to the sector.

To read the full article, please click here.

“ESOPs for Cannabis Companies: A Strategic Solution to 280E Tax Hurdles,” by Meagen Seatter, was published in Investing News Network on June 1, 2026.

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Banking and Restructuring Controlled Substance Act Employment Issues ESOPs (Employee Stock Ownership Plans) Legislation Mergers and Acquisitions Regulatory Compliance

High Stakes and Material Changes in the Bay State: Senate Bill No. 2722 vs. House Bill No. 4160

Lauren Medeiros Forster —

There were several material changes relating to strategy, compliance, and deal‑making advanced by Massachusetts Senate Bill No. 2722 (“S. 2722”) on November 13, 2025. Below is a short summary of what you need to know about the Senate’s rewrite and meaningful reshaping of several House‑backed ideas (under House Bill No. 4160 (“H. 4160”)) for changing the legal regime of cannabis in the Commonwealth.

1.      Employee Stock Ownership Plans

Employee stock ownership plans (“ESOPs”) are here to stay. Both bills tell the Massachusetts Cannabis Control Commission (“CCC”) to set up clear procedures to allow the sale of a business to employees via an ESOP and to exclude a trustee acting solely for an ESOP during or after a sale when counting toward cannabis license caps under the Massachusetts cannabis laws. That part did not change, which is a positive result for the Commonwealth. The proposed changes to the current law enable succession planning, retention, and worker‑ownership options for operators and investors without tripping license caps and also improve exit/liquidity paths for owners. This also means there would be no caps on the number of licenses an ESOP can own.

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Employment Issues

The Cannabis Labor Crossroads: Historic Strikes, Labor Peace Agreements (“LPAs”), and What Comes Next

Gustav Stickley V —

Two ongoing strikes in the cannabis industry—one in Michigan and one in Pennsylvania—have become the longest work stoppages in the industry’s history, arriving just as more states integrate labor peace or collective bargaining requirements into the licensing process and ongoing compliance. The converging pressures of the market, regulatory requirements, and national labor policy are reshaping the way cannabis operators manage their workforce.

The Two Longest Strikes in Cannabis History

The strikes at Exclusive Brands in Ann Arbor, Michigan, and at Green Thumb Industries’ RISE dispensary in York, Pennsylvania, now stand as the longest in the legal cannabis market. While both actions reflect shared themes—demands for better wages, a voice in the workplace, and concerns about bargaining conduct—they are unfolding in starkly different market contexts and with different strategic aims.

In Michigan, workers at Exclusive Brands walked out after the company declined to recognize a union election and amid an unfair labor practice charge tied to the firing of a union supporter. Organizing efforts there have focused on public visibility and testing the legal contours of federal jurisdiction over cannabis workplaces. In Pennsylvania, all unionized workers at the RISE York dispensary struck following a breakdown in contract talks, pressing for wages aligned with agreements achieved elsewhere. The Pennsylvania action is a textbook leverage strike, not unlike strikes in other industries, designed to interrupt operations and force bargaining movement.

Market conditions accentuate the divide. Michigan’s open-license adult-use market has experienced oversupply and price compression, leaving thin margins that complicate wage gains even when labor organizing succeeds. Pennsylvania, by contrast, remains a limited-license, medical-only market that supports strong unit economics for multistate operators.

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Banking and Restructuring Controlled Substance Act Employment Issues Legislation Meet Blank Rome Mergers and Acquisitions Regulatory Compliance

Turning Over a New Leaf: How Cannabis Receiverships Can Cultivate a Stronger Future

Lauren Medeiros Forster —

It is no secret that the cannabis industry has been on a wild ride lately, especially in mature markets. Many operators are feeling the pressure, and they are not alone. Let us break down the current landscape, why it is tough out there, and how receiverships and distressed sales might actually be a positive move for struggling cannabis companies.

Many developed cannabis markets are facing serious challenges. Inflation and a shaky economy are making it harder for businesses to stay afloat (regardless of industry type), on top of market saturation that has caused cannabis prices to drop, and tight profit margins for businesses in the more established marijuana states. This is compounded with the harsh effects of tax burdens due to 280E—where cannabis companies are unable to deduct otherwise established business expenses from gross income as a result of the federal illegality of cannabis in the United States—and lack of liquidity from inability to access traditional debt financing and institutional equity markets. As a result, many cannabis companies are finding it difficult to pay their debts and keep the lights on. And because cannabis is still federally illegal in the United States, struggling cannabis operators are limited when it comes to utilizing federal bankruptcy mechanisms for relief.

But hope is not lost. Even in tough times, cannabis businesses along with their management, creditors, and investors, have found options to help their companies restructure and move forward. One of those is a state-level receivership.

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Controlled Substance Act Employment Issues Legislation Meet Blank Rome Mergers and Acquisitions Regulatory Compliance

Welcome to Cannabis Industry Insights

Frank A. Segall, Scott H. Moskol, and Max M. Borg —

Whether you are a plant-touching operator or an ancillary business, lender, or investor, Blank Rome’s Cannabis Industry Insights blog is your go-to resource for the cannabis industry.

Authored by our trailblazing Cannabis practice attorneys, the Cannabis Industry Insights blog explores the rapidly evolving legal, regulatory, and business landscape, helping those in the sector stay ahead of the curve and seize industry opportunities. Our cannabis team was one of the first in the United States to utilize its extensive corporate and finance experience to support the cannabis industry, and has received numerous accolades, including Law360’s prestigious 2023 Cannabis Practice Group of the Year.

Through our blog, we will continue to explore issues that directly impact the cannabis industry. With the announcement of the rescheduling of cannabis from Schedule 1 to Schedule 3 under the Controlled Substance Act, we are optimistic about new and expanding opportunities for industry players. In addition to interviews with industry leaders, the blog will cover such topics as the impact of rescheduling on 280E taxation; legal and regulatory compliance concerns; the landscape for mergers and acquisitions; legislative efforts; banking, insurance, and other business issues; capital markets; workouts and restructurings impacting the industry; the growing importance of e-commerce, fintech, and regtech; debt and equity financings; labor and employment issues in light of unionization efforts; data privacy and security; and employee stock ownership plans (“ESOPs”); among other areas that are relevant to the underpinnings of the industry.

Our goal is to help cannabis businesses survive and thrive in this highly regulated environment, as well as to assist new participants in entering this exciting industry. Subscribe below to receive our timely content:

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